Where to file a complaint and what happens next
You file a nursing home complaint with your state's health department or long-term care ombudsman — not with the nursing home itself, though you can do that too. The state agency investigates, and the ombudsman advocates for the resident. Which one you contact depends on what happened and how fast you need action, but both are free and both take complaints from family members, not just residents.
The state health department handles safety violations: neglect, abuse, medication errors, unsanitary conditions, staffing shortages that put residents at risk. The ombudsman handles quality-of-life complaints: poor food, isolation, disrespect, denied visits, lost belongings. Many complaints involve both, so you can file with each.
Filing does not require a lawyer and does not cost money. The state investigates within a set timeframe — usually 24 to 72 hours for abuse allegations, longer for other violations. You will get a written report of what they found.
Key Takeaways
- Contact your state health department for safety violations like neglect, abuse, medication errors, or unsanitary conditions.
- Contact your state long-term care ombudsman for quality-of-life complaints like poor food, isolation, or denied visits.
- You can file a complaint by phone, online, or in writing, and you do not need to be the resident yourself.
- The state must investigate abuse allegations within 24 to 72 hours and provide you with a written report of findings.
- Document what you saw or heard with dates, times, and names of staff members involved before you file.
How to contact the state health department
Search online for "[your state] nursing home complaints" or "[your state] long-term care licensing." This will take you to the agency that licenses and inspects nursing homes in your state — usually the Department of Health or Department of Aging. Each state has a different name and phone number.
When you call, tell them you want to report a violation. Have ready: the nursing home's name and address, the resident's name, what happened, and when. If you witnessed it yourself, say that. If someone told you, say who. The person taking your complaint will ask follow-up questions. You do not have to know the name of the staff member involved, though it helps.
Most states also let you file online through their website. The form asks for the same information: facility name, resident name, what happened, and when. Online filing creates a record you can reference later.
How to contact the long-term care ombudsman
The ombudsman is a separate office from the health department. Search online for "[your state] long-term care ombudsman" or call the Eldercare Locator at 1-800-677-1116. They will connect you to your state's ombudsman office.
The ombudsman will listen to your complaint and may visit the nursing home to investigate. They can talk to staff and residents, review records, and advocate for changes. They cannot force the nursing home to do anything, but they can pressure the facility and report serious issues to the state health department.
The ombudsman is especially useful if you feel the health department moved too slowly or missed something, or if your complaint is about how the resident is being treated rather than a safety code violation.
What to document before you file
Write down what you saw or heard as soon as possible. Include the date, time, and what happened. If a staff member was involved, write their name or description. If the resident was injured or upset, describe that. If you have photos or videos, keep them. If other people witnessed it, write down their names.
This record does not have to be formal. A notebook entry with dates and details is enough. When you file the complaint, you can read from your notes or hand them over. The state investigator will use this to know where to look and what questions to ask.
If the complaint is about abuse or neglect, do not wait to file. Call the health department or ombudsman the same day or the next day. The longer you wait, the harder it is to investigate.
What happens after you file
The state health department assigns an investigator. For abuse allegations, they must start within 24 to 72 hours. For other violations, the timeline varies by state but is usually within two to four weeks. The investigator will visit the nursing home, interview staff and residents, and review medical records and incident reports.
You will receive a written report of the investigation. It will say whether the complaint was substantiated (the violation was found), unsubstantiated (not found), or inconclusive (not enough evidence). If substantiated, the report will describe what was found and what the nursing home must do to fix it.
If the violation is serious, the state can fine the nursing home, place it on probation, or revoke its license. You can ask for a copy of the inspection report, which is public record. You can also file a follow-up complaint if the problem is not fixed.
Filing a complaint directly with the nursing home
You can also file a complaint with the nursing home's administration. Ask to speak with the director of nursing or the facility administrator. Explain what happened and ask what they will do about it. Request a written response within a set time — usually five to ten business days.
Keep a copy of your complaint and any response. If the nursing home does not respond or does not fix the problem, that strengthens your case when you file with the state. The state will ask whether you complained to the facility first and what happened.
Filing with the nursing home does not replace filing with the state. Do both if the issue is serious.
When to call 911 instead
If the resident is in when ready danger — actively being harmed, having a medical emergency, or in severe distress — call 911. Do not wait to file a complaint with the state. After emergency responders arrive, then file the complaint with the health department and ombudsman.
If you suspect abuse or neglect, you can also call your state's adult protective services hotline. Search online for "[your state] adult protective services" or ask the ombudsman for the number. They investigate abuse of vulnerable adults and can move faster than the health department in some cases.
Frequently Asked Questions
Can I file a complaint if I am not the resident's family?
Yes. Friends, volunteers, staff members, and anyone who has concerns can file a complaint. You do not have to be related to the resident. The state will investigate based on what you report, not on who you are.
Will the nursing home know I filed a complaint?
The state will not tell the nursing home who filed the complaint. However, if you have filed before or if you are a frequent visitor, staff may guess it was you. Some states have laws protecting people from retaliation for filing complaints, but protection varies. If you are worried about retaliation, tell the investigator when you file.
What if I disagree with the investigation result?
You can request a copy of the full investigation report and ask the state to explain their findings. If you believe they missed something, you can file another complaint with new information. You can also contact the ombudsman to ask them to review the case.
How long does an investigation take?
Abuse allegations must be investigated within 24 to 72 hours. Other violations usually take two to four weeks, depending on the state and the complexity of the complaint. You can call the investigator to ask for a status update.
Can I sue the nursing home based on a complaint?
Filing a state complaint is separate from a lawsuit. A state investigation report can be used as evidence in a lawsuit, but it does not replace one. If the resident was harmed, you may want to consult a lawyer about your options.